Legal Question in Wills and Trusts in California

my father passed on 10/09. To date the estate has not been resolved. Accusations fly about my sisters robbing my fathers house and the will seems to have dissappeared. He was a somewhat wealthy man. A very good buisiness man with a living trust, What can I do?


Asked on 11/05/10, 9:42 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

You should hire an attorney to protect your interests. If assets were held in trust (such as real property, bank accounts and brokerage accounts), then a trustee should be managing those assets. If you are a beneficiary of the trust, then you should have received a copy of the trust and also annual accountings. You should seek help immediately. If you wait too long, then you may not be able to get relief in Court.

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Answered on 11/11/10, 8:19 am

I am sorry for you loss. It is often difficult for families when a parent dies. The family can draw together or it can be ripped apart. What your family is going through is all too common.

Once it reaches this point you should consult with a local attorney to review whatever documentation and information you have in order to discuss your options. If possible a copy of the Trust should be obtained from the Trustee or possibly the attorney who drafted the Trust.

It is possible that the will is with the trust. It is common to have a "pour-over will" that takes all the assets belonging to the decedent (person who died) and puts the assets into the Trust. The property should then be accounted for to the beneficiaries of the Trust and distributed according to the terms of the Trust.

Let me know if you want to discuss this matter.

Caleb

[email protected]

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Answered on 11/12/10, 11:49 am


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